Order of Set Aside or Reinstatement

What is an Order of Set Aside or Reinstatement?

The California Department of Motor Vehicles (DMV) is one of the most powerful government agencies in the State of California; possessing the power to deny, suspend or revoke the privilege of anyone to operate motor vehicles.

If you have received an Order of Set Aside or Reinstatement, it is because the DMV has reversed an earlier order to suspend or revoke your driver license.  The Order of Set Aside or Reinstatement simply indicates that the DMV has decided you have proven your fitness to drive and are returned to full driving privileges.

When you receive the Order of Set Aside or Reinstatement, the DMV’s computer has already been updated and you are legal to begin driving immediately.  In some instances, the reinstatement of the driving privilege may come with some conditions or requirements so make sure to read the form carefully.

Why does the DMV send an Order of Set Aside or Reinstatement?

 The California State Legislature has empowered the California Department of Motor Vehicles to suspend or revoke the driving privilege of any person the department concludes is not safe to drive or has committed an act that requires that they be punished.  Here is a list of reasons the DMV will Suspend or Revoke a person’s driver license:

• If the DMV receives a report from any physician that a driver suffers from a physical, medical, or mental disorder that directly impacts a person’s ability to drive.
• If the DMV receives a referral from a law enforcement officer who suggests that a person’s Lack of Skill or Knowledge is so questionable that the public safety is in immediate jeopardy.
• If a person fails to participate in or complete a re-examination.
• If, at the conclusion of a re-examination, a DMV Hearing Officer concludes that a license suspension is warranted.
• If the DMV suspects the person of being involved in Fraudulent Activity involving a driver license.
• If the DMV has identified the person as a Negligent Operator for accumulating too many violation points, or has been involved in act of road rage.
• If the DMV has identified the person as a Negligent Operator because he or she caused or contributed to a serious injury or fatality traffic accident.
• If the person has been arrested for suspicion of DUI.
• If the person has been detained or arrested for a violation of California’s “Zero Tolerance” laws.
• If the person has been involved in a reportable traffic accident while driving a vehicle that is not covered by Financial Responsibility.

In nearly all instances where the DMV acts to suspend or revoke a driver license, the department must provide the affected driver the opportunity to defend themselves at an Administrative Hearing.  If the driver successfully addresses the DMV’s concerns, or if the driver rebuts an allegation, the DMV has the power to reverse the earlier suspension or revocation and to restore the person’s privilege to drive.

Because the affected driver will have previously received a written order that suspended or revoked their driving privilege, they must also receive a written order that reinstates their privilege to drive.  The written Order of Set Aside or Reinstatement is the means by which a driver can prove they are again legal to drive.  The Order of Set Aside or Reinstatement is the order of choice for most Hearing Officers because they are not required to write a more lengthy report justifying termination of the suspension/revocation.

What happens now that an Order of Set Aside or Reinstatement has been issued?

First of all, read the order carefully to ensure there are no “strings attached.”  In some instances, a hearing officer will make the reinstatement of a driving privilege contingent upon completion of one or more additional requirements.

If the Order does not specify that reinstatement is contingent upon any other requirements, the affected driver can immediately return to full driving privileges.  Any way you slice it, the Order of Set Aside or Reinstatement is a good thing.

Set Aside: If the hearing officer has reinstated the driving privilege and checked the block indicating a “Set Aside,” this is the best of all worlds.  This means the assigned hearing officer has concluded that the DMV did not have just cause to suspend or revoke the driver license in the first place and no period of suspension/revocation will appear on the driving record.

End Action:  If the hearing officer has reinstated the driving privilege and checked the block indicating the action is “Ended,” this means the hearing officer has returned the driver to full driving privileges, but has concluded that the original suspension/revocation was justified.  The difference here is that a period of suspension will appear on the driving record that can be questioned by employers or can be used by insurance companies to increase the cost of premiums.